Topics menu

Vol. 149, No. 29 — July 18, 2015

Pickering Airport Site Order

Statutory authority

Aeronautics Act

Sponsoring department

Department of Transport

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Order or the Regulations.)

Issues

The Order Declaring the Pickering Lands as an Airport Site (the existing Order) declares the lands that are required for the use of a future airport, and the Pickering Airport Site Zoning Regulations (the existing Regulations) ensure that development on surrounding lands remains compatible with the safe and viable operation of a future airport and aircraft.

Transport Canada has now determined that only a portion of the designated lands would be required for a future airport: consequently, both the original Order and original Regulations need to be updated to reflect a smaller airport site.

Background

In 1972, the Government of Canada acquired 18 600 acres of land (7 530 hectares) 56 km northeast of downtown Toronto to develop a new airport, if required. The lands are located within the municipalities of Pickering, Markham, and Uxbridge and are known as the “Pickering Lands.”

At the same time, three provincial minister’s zoning orders (MZOs) were enacted to ensure that land use and new development proposals on lands adjacent to the Pickering Lands would remain compatible with a future airport and its operations.

Conceptual plans for a major international airport were drafted in 1976. The plan to develop a new airport was subsequently put on hold in favour of expanding existing airports, but the Government of Canada retained the Pickering Lands for a potential future airport to protect all aviation options.

By 1998, there was pressure from developers and the Ontario Municipal Board for Transport Canada to define the aeronautical requirements of a possible future airport, which would allow the province to lessen or remove the provincial MZOs. Transport Canada decided to protect the Pickering Lands through the application of Airport Zoning Regulations (AZRs) in accordance with section 5.4 of the Aeronautics Act. As there was no airport on the land, the Pickering Lands first needed to be declared an airport site under the Aeronautics Act to enable the enactment of AZRs.

In August 2001, Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to the definition “airport site” in subsection 5.4(1) of the Aeronautics Act, declared that the Pickering Lands were required for use as an airport (SOR/2001-297). The Pickering Airport Site Zoning Regulations were enacted in 2005, based on the concept of an international airport.

A needs assessment study (NAS) was launched in May 2007 to broaden and update previous work on the role and capacity of airports in the Greater Golden Horseshoe (GGH), an area centred on the City of Toronto and stretching around the western end of Lake Ontario with outer boundaries south to Lake Erie and north to Georgian Bay, in meeting the future needs of passengers, businesses and general aviation. Following a due diligence review of the study, Transport Canada publicly released the NAS on July 11, 2011. The NAS forecasted that another commercial airport would be needed in the GGH area between 2027 and 2037 and that the Pickering Lands remained the optimal site for such an airport. An executive summary of the NAS is posted on the Transport Canada Web site at www.tc.gc.ca/eng/ontario/pickeringstudy.htm along with a telephone number to request a copy of the NAS. Due to its considerable size, the NAS is provided to requesters in CD format.

During the public release of the NAS, the Minister of Transport, Infrastructure and Communities announced that Transport Canada would develop a short-term and long-term plan for the development and use of the Pickering Lands that would take into consideration the views of stakeholders. Following the announcement, Transport Canada determined that only 8 700 acres of the Pickering Lands were needed for a future airport.

On June 11, 2013, the Government of Canada announced a responsible, balanced approach for the development of the Pickering Lands, which sets aside a smaller portion of land for a future airport (8 700 acres), the transfer of 5 000 acres towards the creation of the Rouge National Urban Park, and some economic development on the remaining lands (see Appendix A).

Objectives

Pursuant to the provisions of the Aeronautics Act, the objectives of this proposal are

(i) to make a new Order declaring a smaller Pickering airport site; and

(ii) to make new Pickering Airport Site Zoning Regulations (proposed Regulations).

The proposed Pickering Airport Site Order (the proposed Order) is a legal prerequisite to make the proposed Regulations. The proposed Order will identify the boundaries of the new Pickering airport site.

The proposed Regulations would ensure that lands adjacent to and in the vicinity of the airport site are used in a manner compatible with the safe and viable operation of a future airport and aircraft.

The proposed Regulations would limit the height of new buildings, structures, and objects, including natural growth, or any additions to existing buildings, structures, and objects on lands adjacent to or in the vicinity of the new Pickering airport site. In addition, lands subject to the Regulations would be restricted from land use and activities that

interfere with communications to and from aircraft;

interfere with communications to and from any facility used to provide services relating to aeronautics; or

attract wildlife that creates a hazard to aviation safety.

The existing Pickering Airport Site Zoning Regulations will be repealed.

Description

The proposed Order includes a legal description of the boundaries of the airport site and declares that the lands are required for use as an airport. It will repeal and replace the original Order.

The proposed Regulations will repeal and replace the original Regulations and would

limit the height of new buildings, structures and objects or additions to the height of any existing buildings, structures or objects, including objects of natural growth, within a 4 km radius and under the take-off/approach surfaces to a distance of 15 km;

prohibit lands adjacent to and in the vicinity of the Pickering airport site from being used or developed in a manner that would cause interference with any signals or communication between aircraft and/or between any facilities used to provide communication/guidance services relating to aeronautics; and

prohibit any lands within a 15 km radius from being used in a manner that would attract wildlife hazardous to aviation safety.

“One-for-One” Rule

The “One-for-One” Rule does not apply to this proposal, as there is no change in administrative costs to business.

Small business lens

The small business lens does not apply to this proposal, as there are no costs (or insignificant costs) to small business.

Consultation

On June 11, 2013, following the Government’s announcement, the Assistant Deputy Minister, Programs, Transport Canada, hosted a roundtable discussion with Government of Ontario officials on the future of the Pickering Lands. Transport Canada and provincial officials agreed to form a working group to continue to dialogue on matters such as transportation and infrastructure planning.

A second roundtable discussion with the regional and local municipalities took place on June 12, 2013. The municipalities were interested in the proposed Regulations and learning more about the impacts on their land use and development plans.

Two public information sessions were hosted by Transport Canada, together with Parks Canada, on June 24 and 27, 2013, to communicate Government of Canada decisions to the public and gather feedback on the future of the Pickering Lands. Issues identified in the course of the engagement activity focused on the loss of prime agricultural land, a potential decline in the quality of life for area residents, and the need for general aviation infrastructure.

Transport Canada held briefings with the Province of Ontario and the affected regions and municipalities on the proposed Order and proposed Regulations. Transport Canada officials met with the following parties:

on November 25, 2013, with the provincial Ministry of Municipal Affairs and Housing;

on November 27, 2013, with York Region, the City of Markham, and the Town of Whitchurch-Stouffville; and

on November 28, 2013, with the Region of Durham, the City of Pickering, the Township of Scugog, the Town of Whitby, the Town of Ajax, and the Township of Uxbridge.

The regions and municipalities were asked to comment on Transport Canada’s objectives regarding the process to declare a smaller airport site and enact new Regulations. While some of the municipalities had concerns about the future construction of an airport, none of the municipalities expressed any concerns with the objectives of the two regulatory proposals.

Transport Canada also engaged Aboriginal groups that may have an interest in the objectives of the proposed Order and proposed Regulations. On November 13, 2013, Transport Canada met with the Mississaugas of Scugog Island First Nation, Hiawatha First Nation, Chippewas of Georgina Island First Nation, Curve Lake First Nation, and Alderville First Nation. Concerns were raised about environmental issues associated with the future construction of an airport. The groups were informed that when a decision is made to build the airport, the proper environmental assessment and other required studies will be triggered.

A public notice of Transport Canada’s intention to make the proposed Order and proposed Regulations was published in the following newspapers:

Toronto Star on January 29, 2014;

Ajax-Pickering News Advertiser on January 29, 2014;

Markham Economist & Sun on January 30, 2014;

Stouffville Sun-Tribune on January 30, 2014;

Whitby This Week on January 30, 2014;

Uxbridge Times-Journal on January 30, 2014;

L’Express de Toronto on February 4, 2014; and

Brooklin Town Crier on February 7, 2014.

The public notices drew six responses: four queries, one letter of support, and one request for information. The four queries were submitted by members of the general public and related to

(i) a request for consultation in the Town of Whitchurch-Stouffville;

(ii) questions about infrastructure, public consultation, and how property owners will be compensated;

(iii) how the public will be informed when the proposed Regulations are published in the Canada Gazette, Part I; and

(iv) a request to be informed when public consultations will be held.

The four queries and the single request for information all received responses. No response was sent to the letter of support.

Another public notice will be published in the above-mentioned newspapers at the beginning of the 60-day public consultation period that will provide details on consultation activities, including the dates of the beginning and end of the public consultation and instructions on how interested persons may make representations to the Minister of Transport.

Rationale

Transport Canada is the federal custodian of the Pickering Lands and is responsible for the costs associated with designating the airport site and enacting the Regulations.

The Pickering Lands were acquired in 1972 for future aviation purposes, and it was prudent then as now to provide maximum protection from development incompatible with a future airport. For many years, Transport Canada relied on the cooperation of the Province of Ontario and local land-use authorities. However, by 1999, development pressures had increased to the point where Transport Canada decided to declare the Pickering Lands an airport site and define the required protection by enacting the original Regulations in 2005. Since then, Transport Canada has determined that a future airport on the Pickering Lands would be more similar to existing federal airports and that the airport site area could be reduced.

The new Order will support the balanced approach to the management of the Pickering Lands announced by the Government of Canada on June 11, 2013, which provides for a future airport, national urban park, and some economic development. The new Order is a legal prerequisite for the enactment of the new airport zoning regulations.

AZRs are the only legal means of restricting development incompatible with an airport or airport site. The cost of implementing AZRs is low compared with the cost that a future airport operator would incur to remove incompatible development once it is established. In many cases where buildings, structures, or objects are erected near an airport or airport site, it would not be possible to remove them and the viability of the airport or airport site would be compromised.

The reduction in the size of the airport site and the associated Regulations will protect the airport site so that when an airport is built, it will be able to meet safety requirements and certification standards.

Implementation, enforcement and service standards

The approved Regulations and plans would be deposited in the registry offices of the Durham Region Registry Division (No. 40) and the York Region Registry Division (No. 65).

Copies of the approved Regulations and associated plans would be distributed to municipal planning departments, NAV CANADA, and Transport Canada offices.

Department of Transport Civil Aviation safety inspectors would enforce compliance with the Regulations.

Contact

APPENDIX A

PROPOSED REGULATORY TEXT

Notice is given that the Governor in Council, pursuant to the definition “airport site” (see footnote a) in subsection 5.4(1) of the Aeronautics Act(see footnote b), proposes to make the annexed Pickering Airport Site Order.

Interested persons may make representations concerning the proposed Order within 60 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to Joseph Szwalek, Regional Director, Civil Aviation — Ontario, Department of Transport, 4900 Yonge Street, 4th Floor, Toronto, ON M2N 6A5 (tel.: 1-800-305-2059; fax: 1-877-822-2129; email: CASO-SACO@tc.gc.ca).

Ottawa, July 10, 2015

JURICA ČAPKUNAssistant Clerk of the Privy Council

PICKERING AIRPORT SITE ORDER

DECLARATION

Declaration

1. The lands set out in the schedule are declared to be required for use as an airport.

REPEAL

2. The Order Declaring the Pickering Lands as an Airport Site(see footnote 1) is repealed.

COMING INTO FORCE

Registration

3. This Order comes into force on the day on which it is registered.

SCHEDULE(Section 1)

LANDS COMPRISING THE AIRPORT SITE

The lands of the Pickering airport site are shown outlined in blue on a plan dated February 14, 2013, on record with the Department of Public Works and Government Services at North York, in the Province of Ontario, as Item No. 12-107-004-S11, and comprise those lands in the City of Pickering, in the Regional Municipality of Durham, described as follows:

PIN 26388-0057

PIN 26388-0064

Lot 19, Concession 6, geographic Township of Pickering, lying west of lands described in PI16946, PI44168 and CO65080, Parts 1 & 3, Highway Plan 824, and lands described in CO112945, save and except Road Widening as described in CO68883;